HBA-TYH S.B. 451 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 451
By: Armbrister
State Affairs
4/16/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law permits direct access to cigarettes or tobacco
products in a facility or business that is not open to persons younger than
18 years of age at any time.  However, minors are allowed to enter a
package store when accompanied by an adult.  S.B. 451 exempts holders of
package store permits from the provision prohibiting direct access to
tobacco products. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.086(b), Health and Safety Code, to provide
that Subsection (a) (prohibiting the sale of tobacco or cigarettes through
a vending machine and the sale of tobacco or cigarettes that permits direct
access to the products by the customer) does not apply to a premise with
package store permits issued under the Alcoholic Beverage Code.  Makes
conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.